South Carolina Eviction Notice

Types of South Carolina Eviction Notice Forms

There are three primary types of eviction notices in South Carolina, each corresponding to different grounds for eviction:

5-Day Notice to Quit

• Grounds: Nonpayment of rent.
• Details: Tenants must pay all past due rent within five (5) judicial days or vacate the property. If the lease includes specific language regarding nonpayment, the landlord may initiate eviction proceedings without prior notice.

14-Day Notice to Comply or Vacate

• Grounds: Lease violations that are curable, such as health and safety issues or refusal to allow lawful entry.
• Details: Tenants have fourteen (14) calendar days to correct the violation or vacate the premises. In cases of emergency violations, immediate action may be required.

30-Day Notice to Vacate

• Grounds: Termination of a rental agreement, applicable to month-to-month or year-to-year leases, as well as expired leases.
• Details: The landlord must provide at least thirty (30) calendar days’ notice before the termination date.

How to Write an Eviction Notice in South Carolina

To ensure legal compliance, an eviction notice must include the following elements:

1. Tenant’s full name and address.
2. Specific lease violation and any balance due.
3. Date of termination.
4. Landlord’s printed name, signature, and address of record.
5. Date and method of notice delivery, along with the printed name and signature of the person delivering the notice.

How to Calculate Expiration Date in South Carolina

The notice period begins the day after the notice is delivered. If the last day of the notice period falls on a Saturday, Sunday, or legal holiday, the period extends to the next judicial day. For notice periods of fewer than seven (7) days, only judicial days (excluding weekends and holidays) are counted.

How to Serve an Eviction Notice in South Carolina

Landlords can deliver eviction notices through the following methods:

1. Hand delivery to the tenant.
2. Mailed notice via certified or registered mail to the tenant’s address of record or last known residence.

Mailed notices extend the notice period by five (5) calendar days to account for potential delays in delivery.

South Carolina Eviction Laws

Eviction notices must adhere to state laws to be considered valid. The grounds for eviction and corresponding notice periods are as follows:

• Nonpayment of Rent: Requires a 5-day notice.
• Lease Violations: Requires a 14-day notice.
• Termination of Month-to-Month Tenancy: Requires a 30-day notice.

The eviction notice must be delivered in writing and clearly state the reason for eviction along with the notice period.

South Carolina Eviction Process

The eviction process in South Carolina involves several steps:

1. Serve Notice: The landlord must serve the appropriate eviction notice to the tenant.
2. Wait for Tenant Response: Tenants have the specified notice period to rectify the issue or vacate the property.
3. File for Ejectment: If the tenant does not comply, the landlord can file an Application for Ejectment with the local Magistrate Court.
4. Court Hearing: Both the landlord and tenant present their cases, and the judge decides whether the eviction can proceed.
5. Writ of Ejectment: If the landlord prevails, the court issues a Writ of Ejectment, allowing the sheriff to remove the tenant after providing 24 hours’ notice.

Important Considerations

Landlords must never forcibly evict tenants without following the legal process. It is advisable for landlords to consult with a lawyer to ensure compliance with local laws and procedures throughout the eviction process.

Statutes

• S.C. Code § 27-40-10 – Short title
• S.C. Code § 27-40-410(b) – Security deposits; prepaid rent
• S.C. Code § 27-40-410(c) – Disclosure of Deposit Calculations
• S.C. Code § 27-40-310(c) – Terms and conditions of rental agreement
• S.C. Code § 27-40-210 (11) – Late Fees
• S.C. Code § 34-11-70 – Prima facie evidence of fraudulent intent in drawing check, draft, or other written order, reasonable and probable cause for prosecution
• S.C. Code § 27-40-630(a)(1) – Wrongful failure to provide essential services
• S.C. Code § 27-40-630(c) – Tenant Allowed to Repair and Deduct Rent (No Statute)
• S.C. Code § 27-40-640 – Landlord’s noncompliance as defense to action for possession or rent
• S.C. Code § 27-40-770(a) – Periodic tenancy; holdover remedies
• S.C. Code § 27-40-770(b) – Periodic tenancy; holdover remedies
• S.C. Code § 27-40-770(c) – Periodic tenancy; holdover remedies
• S.C. Code § 27-40-750 – Remedy after termination
• S.C. Code § 27-40-730(a) – Abandonment After Default
• S.C. Code § 27-40-730(b) – Abandonment Due to Termination of Utilities
• S.C. Code § 27-40-730(c) – Remedies for absence, nonuse, and abandonment
• S.C. Code § 27-40-730(d) – Disposal of Abandoned Property (Less Than $500)
• S.C. Code § 27-40-730(f) – Disposal of Abandoned Property (Greater Than $500)
• S.C. Code § 27-40-530(a) – Access
• S.C. Code § 27-40-530(b)(1) – Access
• S.C. Code § 27-40-530(c) – Access
• S.C. Code § 27-40-530(e) – Access
• S.C. Code § 27-40-530(b)(1) – Access
• S.C. Code § 27-40-530(b)(2) – Access
• S.C. Code § 27-40-710(b) – Noncompliance with rental agreement; failure to pay rent; removal of evicted tenant’s personal property
• S.C. Code § 27-40-710(a) – Noncompliance with rental agreement; failure to pay rent; removal of evicted tenant’s personal property
• S.C. Code § 27-40-760 – Recovery of possession limited
• S.C. Code § 27-40-420 – Disclosure
• S.C. Code § 27-40-440 – Landlord to maintain premises
• S.C. Code § 27-40-430 – Landlord to deliver possession of dwelling unit
• S.C. Code § 27-40-510 – Tenant to maintain dwelling unit
• S.C. Code § 27-40-910 – Retaliatory conduct prohibited
• S.C. Code § 15-3-530 – Three years